Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedEldoret ELC (number not stated in judgment)· [2022] KEELC 74 (KLR)

Kibor v Board of Governors -Technical Training Institute, Kipkabus & 3 others (Environment & Land Case 119 of 2014) [2022] KEELC 74 (KLR)

Environment and Land Court
18 May 2022
SKS.M. Kibunja
2,159 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

#

A Kenyan land court dismissed a bid to merge nine suits because the applicant failed to provide the pleadings needed to prove the cases were connected.

What this practically means

#

Executive summary

#
The plaintiff, Jackson Kiprotich Kibor, filed a notice of motion dated 21st May 2018 under sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 40 Rules 1, 2 and 3 of the Civil Procedure Rules and Article 159 of the Constitution, seeking a stay of proceedings in nine Eldoret Environment and Land Court suits and their consolidation with the instant suit. He relied on affidavit evidence and submissions citing, among others, Prem Lala Nahata v Chandi Prasad Sikaria, Law Society of Kenya v Center for Human Rights and Democracy, and Selecta Kenya GmbH v Chase Bank Kenya Limited, arguing consolidation would save costs, judicial time and effort. The 1st Defendant opposed, contending the application was incompetent because the plaintiff failed to annex the pleadings or particulars of the suits sought to be consolidated, relying on Andrew Ireri Njeru v Attorney General. Susan Sambai Choge, plaintiff in Eldoret ELC No. 76 of 2014, also filed replying and further affidavits disputing any commonality between the suits. The court framed three issues: whether a case for stay was made, whether commonalities of law or fact existed, and costs. Applying the principles that consolidation requires common subject matter, similar issues of law and shared facts, the court found the plaintiff's failure to attach the pleadings of the nine suits left it unable to determine commonality, particularly as the court could not ascertain whether those suits concerned the land parcel Plateau/Kipkabus Block 4 (Lelmokwo). The application was dismissed with costs to the 1st Defendant and the plaintiff in Eldoret ELC No. 76 of 2014, the stay prayer falling with it.

Key legal issues

#
01

Requirements for consolidation of suits

Holding

Consolidation requires common subject matter, similar issues of law, and claims arising from the same or a series of facts; the applicant must place sufficient material (pleadings) before the court

Reasoning

The court adopted the principles in Prem Lala Nahata and Selecta Kenya: jurisdiction to consolidate arises where there are common questions of law or fact or relief arising from the same transaction. The plaintiff only referred to the other suits but did not annex their pleadings, leaving the court unable to make an independent determination of commonality, especially given the opposing affidavit disputing any nexus between the suits.

p. 3
02

Stay of proceedings pending consolidation

Holding

Where the consolidation application fails, the ancillary prayer for stay of proceedings must also fail

Reasoning

The stay of proceedings was sought only pursuant to consolidation. Once the court found the consolidation application devoid of merit because the plaintiff failed to avail pleadings demonstrating commonality, the foundation for the stay disappeared and the prayer could not stand.

p. 5

Legal principles established

#
  • An applicant for consolidation must furnish the court with copies of the main pleadings of the suits sought to be consolidated to enable the court determine commonality of law or fact
  • All parties in suits sought to be consolidated must be served with the consolidation application and hearing notices

Court orders

#
  1. 1.The plaintiff's notice of motion dated 21st May 2018 is dismissed.
  2. 2.Costs of the application awarded to the 1st Defendant and the plaintiff in Eldoret ELC No. 76 of 2014.

Authorities

#

Legislation

  • Civil Procedure ActSections 1A, 1B, 3, 3A
  • Civil Procedure ActSection 27
  • Civil Procedure RulesOrder 40 Rules 1, 2 and 3
  • Constitution of KenyaArticle 159

Cases cited (8)

  • Prem Lala Nahata & another v Chandi Prasad Sikaria
    [2007] 2, Supreme Court Cases 551
  • Law Society of Kenya v Center for Human Rights and Democracy and 12 others
    Petition No. 14 of 2013 [2014] eKLR
  • Selecta Kenya Gmbh & Co. Kg v Chase Bank Kenya Limited & 2 others
    [2018] eKLR
  • Andrew Ireri Njeru & 2 others v Attorney General & 3 others
    [2018] eKLR
  • Benson G. Mutahi v Raphael Gichovi Munene Kabutu & 4 others
    Kerugoya HC ELC 258 of 2013 [2014] eKLR
  • Brij Kishore v Bir Singh & others
    Harana L.R. 5922 of 2013
  • T.S.S Transporters Ltd & 2 others v Pamela Akinyi Lidambiza
    [2018] eKLR
  • Hilton Walter Nabongo Osinya & another v Savings & Loan (K) Limited & another
    Nairobi HCCC No. 274 of 1998
Jurisdiction invoked
Sections 1A, 1B, 3, 3A of the Civil Procedure Act; Order 40 Rules 1, 2 and 3 of the Civil Procedure Rules; Article 159 of the Constitution

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kibor v Board of Governors -Technical Training Institute, Kipkabus & 3 others (Environment & Land Case 119 of 2014) [2022] KEELC 74 (KLR)", Case Analysis (2022). Eldoret ELC (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/74/eng@2022-05-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.